Author: Lianne Smith

Of Law and Morals: The Use of Force and the Syrian Conflict

August 2, 2014

I. Introduction With regards to the internal conflict in Syria, the optimistic nomenclature of an ‘Arab Spring’ has fallen into desuetude. A series of protests against the Assad regime in Syria in March 2011 escalated into an armed conflict between governmental forces and dispersed rebel groups. As of March 2014, over 146,000 people have been reported… More Of Law and Morals: The Use of Force and the Syrian Conflict

Inhuman Rights: Is the Sun Right About the Human Rights Act?

June 24, 2014

At the inaugural Media & Public Policy Lecture (Media Standards Trust and King’s Policy Institute), Baroness Helena Kennedy QC examined the relationship between the tabloid press in the UK and the Human Rights Act 1998. This article will examine in further detail some of the key issues that were raised.   It is no secret… More Inhuman Rights: Is the Sun Right About the Human Rights Act?

New Directives on Defence Rights in the EU: Towards Progress?

June 3, 2014

Human rights play a key role in the determination of criminal law. And as an EU citizen, you are free to move and cross borders. But, would criminal proceedings be initiated against you, are your rights the same wherever you are? Do you always get a translation of the proceedings initiated against you in another… More New Directives on Defence Rights in the EU: Towards Progress?

Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism

June 2, 2014

I. Introduction: The Intentionalist Position* Richard Posner, noted that: “[A Judge], should try to think his way  as best he can into the minds of the enacting legislators and imagine how they  would have wanted the statute applied to the case at bar.”[1]This position advocates that a Judge must interpret statutes bearing in mind the… More Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism

The Right to Reputation: a European human right?

April 28, 2014

Introduction There is no express provision guaranteeing the right to reputation in the European Convention on Human Rights (ECHR). If there was such a right, at first sight, it would be protected by Article 8, which enshrines the right to respect of private and family life. The Universal Declaration of Human Rights (UDHR), from which… More The Right to Reputation: a European human right?

Asylum for Refusing to Fight: Charting the Development Towards the Right to Conscientious Objection, Amy F. W. Corcoran

April 23, 2014

Abstract (click to view) Conscientious objection has had a complicated history, and its legal position within both international and domestic systems remains far from concrete. This paper examines the recognition of a ‘right’ to conscientious objection within these frameworks, and notes that recent progressive developments in the international realm have increasingly supported the idea of conscientious… More Asylum for Refusing to Fight: Charting the Development Towards the Right to Conscientious Objection, Amy F. W. Corcoran

Recognition of English solvent Schemes of Arrangement in Germany, Arthur Swierczok

April 23, 2014

Abstract (click to view) English solvent Schemes of Arrangement under the Part 26 of the Companies Act 2006 have proved to be a valid restructuring device for non-English companies. Since 2010 for example four German companies, Tele Columbus GmbH, Rodenstock GmbH, Primacom GmbH and Monier Group Services GmbH, which were all financially distressed but solvent,… More Recognition of English solvent Schemes of Arrangement in Germany, Arthur Swierczok

Maximising Utility: Applying Utilitarian Theory to International Patent Law, Emma Perot

April 23, 2014

Abstract (click to view)   This article attempts to strike a balance between the need of pharmaceutical companies to stay profitable and the need of developing countries to access life-saving medicines. It is proposed that this balance can be achieved by applying a utilitarian approach to patent law, taking into consideration how best to maximise… More Maximising Utility: Applying Utilitarian Theory to International Patent Law, Emma Perot

Do Children Require Special Protection Under International Human Rights Law?, Fiona Orr

April 23, 2014

Abstract (click to view) Human rights are universal; this is the precedent upon which all human rights discourse is based. Yet over the years, as international human rights law has developed, the rights of certain groups have been awarded particular attention and protection. Children are a particularly interesting group as there is unprecedented and unmatched… More Do Children Require Special Protection Under International Human Rights Law?, Fiona Orr

Freedom of Speech: A Pernicious Shroud for Homophobia, Conor McCormick

April 23, 2014

Abstract (click to view) Freedom of speech/expression is a legal principle central to any democratic society. However, it is argued in this paper that, in cases which implicate the law governing homophobic communications, deference to that principle is not always a favourable approach; despite its embedment in the ideology of democracy. A case study involving… More Freedom of Speech: A Pernicious Shroud for Homophobia, Conor McCormick